Driving while intoxicated (DWI) is a serious offense in New York, and the penalties associated with it can be severe. However, when it comes to aggravated DWI charges, the consequences become even more significant. Understanding what makes a DWI charge aggravated, the potential penalties, and what it means for drivers in New York is important. Aggravated DWI charges can have long-lasting impacts on your life, and knowing the legal process can help you make the right decisions if you find yourself facing such a charge. At, Arthur L. Pressman, Attorney at Law , we are here to guide you through the legal process and help you navigate the complexities of your case
Arthur Pressman focuses in the areas of DWI, traffic law and criminal defense.
What is an Aggravated DWI in New York?
A regular DWI charge in New York typically involves a driver with a blood alcohol concentration (BAC) of 0.08% or higher. However, when a person’s BAC reaches 0.18% or more, the charge can be elevated to what is known as aggravated DWI. The state of New York considers this higher BAC level to represent an increased danger to public safety, as a driver with such a high level of intoxication is considered much more likely to cause an accident or harm others.
Additionally, a driver may also face aggravated DWI charges if they are caught driving while intoxicated with a child aged 15 or younger in the vehicle. This is considered an especially serious offense under Leandra’s Law, which was introduced in 2009 to protect minors from being put at risk by intoxicated drivers. Leandra’s Law not only increases the severity of the charge but also mandates the installation of an ignition interlock device on the driver’s vehicle, even for first-time offenders.
Differences Between Regular and Aggravated DWI Charges
Although both regular and aggravated DWI charges can lead to serious penalties, there are key differences between them. One of the primary distinctions is the BAC threshold. A regular DWI charge involves a BAC of 0.08%, while aggravated DWI applies when the BAC is 0.18% or higher. This difference in BAC levels reflects the state’s belief that drivers with extremely high BACs pose a much greater risk to public safety. As a result, the penalties for aggravated DWI are more severe.
I was advised by a mutual acquaintance to contact Mr. Pressman following my DWI that I received on December 28, 2015. This was the best advice that I could have been given. He was available immediately to speak with. I was put at ease after speaking with him. It was my first DWI and I had no idea what to expect. It was an isolated case of making a very foolish decision to drive. I had so much anxiety and fear of the unknown. Throughout my whole case Mr. Pressman was very reassuring and kept a positive attitude about what my outcome was going to be. He was available several times when I had random questions and never made me feel like an inconvenience. He was right! My case ended up being reduced to a violation from a misdemeanor and now I can finally begin to have my life back to normal. It was a hard lesson to learn but with the right attorney by your side the transition will be easier. Anita D.
In cases involving a child passenger, the offense is automatically treated more seriously under Leandra’s Law. Regular DWI charges do not carry the same level of consequence as aggravated DWI when minors are involved. Drivers facing aggravated DWI charges due to child endangerment may also be charged with a separate felony, depending on the circumstances of the case.
Another significant difference between regular and aggravated DWI charges is the possibility of enhanced penalties, including longer jail sentences, higher fines, and longer periods of driver’s license suspension or revocation. These harsher penalties are intended to serve as a deterrent and reflect the heightened danger that aggravated DWI poses to the public.
Penalties for Aggravated DWI in New York
The penalties for aggravated DWI in New York are designed to be more severe than those for a standard DWI. For a first-time aggravated DWI offense, drivers can face a fine ranging from $1,000 to $2,500. In addition to fines, there may be mandatory jail time of up to one year, or in some cases, community service may be imposed. Aggravated DWI offenders may also lose their driver’s license for at least one year, and they will be required to install and maintain an ignition interlock device on their vehicle for a designated period. The ignition interlock device requires the driver to blow into a breathalyzer before starting the vehicle, ensuring they are not intoxicated while driving.
For individuals with prior DWI or aggravated DWI convictions, the penalties increase. A second aggravated DWI offense within ten years can result in felony charges. This elevates the potential jail time to up to four years and increases fines to between $1,000 and $5,000. Additionally, individuals may face longer license revocation periods and extended ignition interlock requirements. Repeat offenders may also be required to attend mandatory alcohol and drug counseling as part of their sentence.
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The Role of Leandra’s Law in Aggravated DWI Charges
Leandra’s Law is a significant piece of legislation that impacts aggravated DWI charges in New York. Named after an 11-year-old girl who was tragically killed in a car accident involving an intoxicated driver, Leandra’s Law imposes stricter penalties for drivers who are caught driving under the influence with a child passenger. Under this law, a driver who is arrested for DWI with a child under the age of 16 in the vehicle will face automatic felony charges, regardless of their prior criminal record or BAC level.
In addition to felony charges, Leandra’s Law mandates that convicted drivers install an ignition interlock device on their vehicle, which must remain in place for at least six months. This law reflects the state’s commitment to protecting children from the dangers of intoxicated driving and serves as a strong deterrent against impaired driving with minors in the vehicle.
Leandra’s Law has had a significant impact on DWI enforcement in New York, with law enforcement officers paying close attention to cases where children are present during a DWI arrest. The penalties under this law are some of the most severe for aggravated DWI cases, making it vital for drivers to be aware of the risks and consequences associated with driving under the influence with children in the car.
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Defenses Against Aggravated DWI Charges
Facing an aggravated DWI charge in New York can be overwhelming, but it’s important to remember that there are potential defenses that can be used in court. One common defense is challenging the accuracy of the BAC test results. Breathalyzers and other testing devices must be properly maintained and calibrated in order to produce accurate readings. If the device was not functioning correctly or was improperly administered, the results may be called into question, potentially weakening the prosecution’s case.
Another possible defense is to argue that the traffic stop itself was unlawful. Police officers must have reasonable suspicion to stop a vehicle, and if it can be demonstrated that the stop was made without proper cause, any evidence obtained during the stop, including BAC test results, may be thrown out.
In some cases, it may also be possible to negotiate a plea deal, reducing the charges from aggravated DWI to a lesser offense such as a regular DWI. This can result in lower penalties, including reduced fines, shorter license suspension periods, and less or no jail time. An experienced attorney can evaluate the specific circumstances of the case to determine the most appropriate defense strategy.
How an Aggravated DWI Can Affect Your Future
The consequences of an aggravated DWI conviction go beyond the immediate legal penalties. A conviction can have long-term effects on various aspects of your life. For instance, a criminal record, especially for a felony aggravated DWI, can make it difficult to find employment. Many employers conduct background checks, and having a DWI conviction on your record can limit your job opportunities.
Additionally, a DWI conviction can result in higher insurance premiums. Insurance companies consider drivers with DWI convictions to be high-risk, and they may increase your rates significantly. In some cases, your insurance provider may even decide to cancel your policy altogether.
A suspended or revoked driver’s license can also affect your ability to work and carry out daily responsibilities. Without a license, you may have to rely on public transportation or others to get to work, school, or important appointments. This inconvenience can last for years, depending on the terms of your license suspension or revocation.
Facing an aggravated DWI charge in New York can be a life-altering experience, with serious legal and personal consequences. It is crucial to have a knowledgeable and dedicated legal team on your side to navigate the complexities of your case and protect your rights. Arthur L. Pressman, Attorney at Law, understands the challenges that come with aggravated DWI charges and is committed to providing the guidance and support you need during this difficult time.
If you or someone you know is facing aggravated DWI charges, don’t hesitate to reach out for legal assistance. Contact Arthur L. Pressman, Attorney at Law today to schedule a consultation and learn how we can help you achieve the best possible outcome for your case. Your future is too important to leave to chance let us fight for your rights and your freedom.